§ 474. — Plates or stones for counterfeiting obligations or securities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC474]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 25--COUNTERFEITING AND FORGERY
Sec. 474. Plates, stones, or analog, digital, or electronic
images for counterfeiting obligations or securities
(a) Whoever, having control, custody, or possession of any plate,
stone, or other thing, or any part thereof, from which has been printed,
or which may be prepared by direction of the Secretary of the Treasury
for the purpose of printing, any obligation or other security of the
United States, uses such plate, stone, or other thing, or any part
thereof, or knowingly suffers the same to be used for the purpose of
printing any such or similar obligation or other security, or any part
thereof, except as may be printed for the use of the United States by
order of the proper officer thereof; or
Whoever makes or executes any plate, stone, or other thing in the
likeness of any plate designated for the printing of such obligation or
other security; or
Whoever, with intent to defraud, makes, executes, acquires, scans,
captures, records, receives, transmits, reproduces, sells, or has in
such person's control, custody, or possession, an analog, digital, or
electronic image of any obligation or other security of the United
States; or
Whoever sells any such plate, stone, or other thing, or brings into
the United States any such plate, stone, or other thing, except under
the direction of the Secretary of the Treasury or other proper officer,
or with any other intent, in either case, than that such plate, stone,
or other thing be used for the printing of the obligations or other
securities of the United States; or
Whoever has in his control, custody, or possession any plate, stone,
or other thing in any manner made after or in the similitude of any
plate, stone, or other thing, from which any such obligation or other
security has been printed, with intent to use such plate, stone, or
other thing, or to suffer the same to be used in forging or
counterfeiting any such obligation or other security, or any part
thereof; or
Whoever has in his possession or custody, except under authority
from the Secretary of the Treasury or other proper officer, any
obligation or other security made or executed, in whole or in part,
after the similitude of any obligation or other security issued under
the authority of the United States, with intent to sell or otherwise use
the same; or
Whoever prints, photographs, or in any other manner makes or
executes any engraving, photograph, print, or impression in the likeness
of any such obligation or other security, or any part thereof, or sells
any such engraving, photograph, print, or impression, except to the
United States, or brings into the United States, any such engraving,
photograph, print, or impression, except by direction of some proper
officer of the United States--
Is guilty of a class B felony.
(b) For purposes of this section, the term ``analog, digital, or
electronic image'' includes any analog, digital, or electronic method
used for the making, execution, acquisition, scanning, capturing,
recording, retrieval, transmission, or reproduction of any obligation or
security, unless such use is authorized by the Secretary of the
Treasury. The Secretary shall establish a system (pursuant to section
504) to ensure that the legitimate use of such electronic methods and
retention of such reproductions by businesses, hobbyists, press and
others shall not be unduly restricted.
(June 25, 1948, ch. 645, 62 Stat. 706; Pub. L. 102-550, title XV,
Sec. 1552, Oct. 28, 1992, 106 Stat. 4070; Pub. L. 104-208, div. A, title
I, Sec. 101(f) [title VI, Sec. 648(a)], title II, Sec. 2603(a), Sept.
30, 1996, 110 Stat. 3009-314, 3009-367, 3009-470; Pub. L. 107-56, title
III, Sec. 374(e)(1)-(3), Oct. 26, 2001, 115 Stat. 340.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 264 (Mar. 4, 1909, ch.
321, Sec. 150, 35 Stat. 1116).
References to persons causing, procuring, assisting or aiding were
omitted as unnecessary as such persons are made principals by section 2
of this title.
Changes in phraseology were made.
Amendments
2001--Pub. L. 107-56, Sec. 374(e)(3), substituted ``, stones, or
analog, digital, or electronic images'' for ``or stones'' in section
catchline.
Subsec. (a). Pub. L. 107-56, Sec. 374(e)(1), inserted after second
par. ``Whoever, with intent to defraud, makes, executes, acquires,
scans, captures, records, receives, transmits, reproduces, sells, or has
in such person's control, custody, or possession, an analog, digital, or
electronic image of any obligation or other security of the United
States; or''.
Subsec. (b). Pub. L. 107-56, Sec. 374(e)(2), inserted first sentence
and struck out former first sentence which read as follows: ``For
purposes of this section, the terms `plate', `stone', `thing', or `other
thing' includes any electronic method used for the acquisition,
recording, retrieval, transmission, or reproduction of any obligation or
other security, unless such use is authorized by the Secretary of the
Treasury.''
1996--Subsec. (a). Pub. L. 104-208, Secs. 101(f) [title VI,
Sec. 648(a)] and 2603(a), amended subsec. (a) identically, substituting
``class B felony'' for ``class C felony'' in last par.
1992--Subsec. (a). Pub. L. 102-550, Sec. 1552(1)-(4), designated
existing provisions as subsec. (a), in sixth undesignated par.,
substituted ``United States--'' for ``United States; or'' at end, struck
out seventh undesignated par. which read as follows: ``Whoever has or
retains in his control or possession, after a distinctive paper has been
adopted by the Secretary of the Treasury for the obligations and other
securities of the United States, any similar paper adapted to the making
of any such obligation or other security, except under the authority of
the Secretary of the Treasury or some other proper officer of the United
States--'', and amended last undesignated par. generally. Prior to
amendment, last par. read as follows: ``Shall be fined not more than
$5,000 or imprisoned not more than fifteen years, or both.''
Subsec. (b). Pub. L. 102-550, Sec. 1552(5), added subsec. (b).
Termination Date of 2001 Amendment
Amendments by title III of Pub. L. 107-56 to terminate effective on
and after the first day of fiscal year 2005 if Congress enacts a joint
resolution that such amendments no longer have the force of law, see
section 303 of Pub. L. 107-56, set out as a Four-Year Congressional
Review; Expedited Consideration note under section 5311 of Title 31,
Money and Finance.
Effective Date of 1996 Amendment
Section 101(f) [title VI, Sec. 648(c)] of div. A of Pub. L. 104-208
provided that: ``This section [enacting section 514 of this title and
amending this section and section 474A of this title] and the amendments
made by this section shall become effective on the date of enactment of
this Act [Sept. 30, 1996] and shall remain in effect during each fiscal
year following that date of enactment.''
Section Referred to in Other Sections
This section is referred to in sections 470, 981, 982 of this title;
title 16 section 718e.
